Terms & Conditions
Please read these terms and conditions carefully before accessing, using or obtaining any materials, information or services. These are the terms and conditions upon which we provide materials and services to you, whether these are courses, exams, and or associated services.
1. ABOUT US
- Company details. PD:Education is a trading name, owned and operated by PD:Approval Ltd a company registered in England and Wales. Our company registration number is 06963778 and our registered office is at Flat 5, 72 West End Lane, West Hampstead, London NW6 2LX. Our VAT number is 278783635.
- PD:Education offers services (the Services) to users which include but are not exclusive to the delivery of qualifications, seminars, workshops and events, onto which customers are able to enroll through an application process and payment.
- Contacting us. To contact us telephone our customer service team on 0333 577 0908 or by writing to us at email@example.com by post to our registered office. For any account queries, please contact our Accounts Team by writing to us at firstname.lastname@example.org.
- For written correspondence, contact PD:Education, Unit 23 Great Bardfield Business Centre, Great Bardfield, Essex CM7 4SL.
2. PD:EDUCATION WEBSITE
3. ACCEPTANCE OF TERMS
- This Agreement sets forth legally binding terms for your use of PD:Education. By using PD:Education, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should leave PD:Education website immediately.
- PD:Education may modify this agreement from time to time, and such modification shall be effective upon its posting on PD:Education. You agree to be bound by any modification to this agreement when you use PD:Education after any such modification is posted; it is therefore important that you review this agreement regularly.
- PD:Education may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
- You may use the website and services only if you can form a binding Agreement with PD:Education, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
- The use of this website and services for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our website and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
- By using the services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or Agreementual restriction that prevents you from entering into this agreement.
5. HOW IT WORKS
- Users must enrol with PD:Education for the purpose of obtaining a qualification to become a presenter, tutor, assessor, internal or external quality assurer (professions in education) but not exclusive to.
- Users will be able to access these qualifications from anywhere in the world and will be able to access the qualifications either blended or online.
- Users must complete the 10-month program provided by PD:Education to obtain their qualification. During this time users must complete a portfolio of evidence showing competence in in the discipline.
- Once they have provided sufficient evidence, users will be required to complete a final assessment, both theoretical and practical.
- Once enrolled, PD:Education will register the user with their awarding organisation.
- The certificate will be issued by the awarding organisation to the relevant user once all checks have been completed, subject but not limited to the terms in section 48.
- If you wish to enrol with PD:Education with the purpose of obtaining a qualification you must read this Agreement and indicate your acceptance during the enrolment process.
- In consideration of your use of the service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable laws and jurisdiction.
- You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the enrolment form available on the PD:Education website
- maintain and promptly update your registration data to keep it true, accurate, current and complete.
- If PD:Education has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PD:Education reserves the right to suspend or terminate the services you have applied for or purchased and refuse any and all current or future use of the service (or any portion thereof) at any time and without any notification.
7. ACCOUNT AND SECURITY
- If you register on PD:Education, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PD:Education of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from PD:Education. PD:Education will not be liable for any loss or damage arising from your failure to comply with this agreement.
- By providing PD:Education with your email address, you consent to our use of such email address to send you notices regarding the service, including those required by law, in lieu of ordinary mail. We may also use your email address to send you other messages, such as changes to service features. If you do not wish to receive such emails, you may opt-out of receiving them by sending us a request via PD:Education’s contact information. Opting out may prevent you from receiving emails about updates or news.
8. ACCOUNT DELETION AND TERMINATION
- PD:Education reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if PD:Education believes that you have breached any of these terms, furnished PD:Education with false or misleading information, or interfered with use of the website or the service by others.
- PD:Education reserves the right to determine pricing for the services it offers. PD:Education will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.
- PD:Education may change the fees for any service, including additional fees or charges.
- PD:Education, at its sole discretion, may make promotional offers with different features and different pricing to any of PD:Education users.
- Services will be paid through PayPal. Payment will be debited from your credit card or PayPal account immediately on you placing the order for the service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
- Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services. PD:Education reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.
11. THIRD-PARTY MATERIALS
- Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses and may only be used as permitted by such terms and licenses.
12. INTELLECTUAL PROPERTY RIGHTS
- All materials provided to the user by PD:Education is owned by PD:Approval Ltd and is protected by copyright.
- Any intellectual property rights in the material and content supplied as part of your user-ship of PD:Education shall remain the property of PD:Education.
- You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content provided by PD:Education, except with the consent in writing of PD:Education. Any other use of the material and content is strictly prohibited. The user agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
- You may print a copy of learning materials provided by PD:Education apart from the Student Manual which is available for purchase as a hard copy. All learning materials are strictly for personal use only. By printing learning materials or purchasing a hard copy Student Manual, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content.
- The user agrees to use all information contained and presented in the meetings of users only for the purposes of self-improvement.
- The user may not record any meeting or any part thereof.
- PD:Education may record meetings with the user using an online platform with their prior consent, and the content will remain the intellectual property of PD:Education. Such recordings would be held by PD:Education for three years and in line with data protection guidelines and the awarding organisation’s quality assurance requirements.
- All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of PD:Education, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PD:Education and protected by international copyright laws. All software used on this site is the property of PD:Education or its software suppliers and protected by international copyright laws.
- You have no authorisation to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content.
- Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
- PD:Education respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the PD:Education website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that PD:Education may find it on the PD:Education site. Please note: it is not sufficient to merely provide a top-level URL. Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
13. USER CONTENT
- Certain features of the website may permit users to upload content, which may be comprised of messages, images, text, and others and to publish that user content on the website. You retain any Copyright that you may hold in the user content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content. PD:Education is not responsible for the accuracy, safety or legality of user content published in the website. users are solely and exclusively responsible for their content and the consequences of publishing their content.
14. LICENSE GRANT TO PD:EDUCATION
- By providing user content to or via the service, you grant PD:Education a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
15. USER CONTENT REPRESENTATIONS & WARRANTIES
- PD:Education disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the Service, you affirm, represent, and warrant that:
- infringe, violate, or misappropriate any third party intellectual property, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
- cause PD:Education to violate any law or regulation.
- You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize PD:Education and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by PD:Education, the Service, and these Terms.
- Your user content, and the use of your user content as contemplated by these Terms, does not and will not:
- Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
16. PROHIBITED ACTIVITIES
- The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to PD:Education or licensed to the PD:Education by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by PD:Education;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permissioN;
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the services for any purpose without our express written permission;
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PD:Education in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
- Download any Content unless it's expressly made available for download by PD:Education.
- PD:Education has a zero tolerance policy towards inappropriate language or activities by their students or team members for example but not restricted to harassment, abuse, bullying, homophobic, racist and any other defamatory actions or language and will take action where necessary.
17. DISCLAIMER OF WARRANTIES
- PD:Education will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
- Because of the nature of the Internet PD:Education provide and maintains the Website on an "as is", "as available" basis and makes no promise that use of the Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
- Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
- Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
- You will be responsible for any breach of these terms by you and if you use the Website in breach of these terms you will be liable to and will reimburse PD:Education for any loss or damage caused as a result.
- PD:Education will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
- These terms do not affect your statutory rights as a consumer which are available to you.
- Subject as aforesaid, to the maximum extent permitted by law, PD:Education excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to PD:Education and PD:Education shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the PD:Education website or in any materials or services provided by PD:Education;
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Website or any product or service purchased through the Website;
- Any loss or damage resulting from your use or the inability to use the Website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the Website, or from transmissions via emails or attachments received from PD:Education.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
- If PD:Education fail to comply with these terms, we will be responsible for loss or damage the user(s) suffer that is a foreseeable result of breaking the contract or failing to use reasonable care and skill, but PD:Education is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if you discussed it with PD:Education during the enrolment process.
- If defective digital content which PD:Education have supplied damages a device or digital content belonging to a user and this is caused by PD:Education’s failure to use reasonable care and skill PD:Education will either repair the damage or pay compensation for the loss. However, PD:Education will not be liable for damage which a user could have avoided by following PD:Education’s advice to apply an update offered to the user free of charge or for damage which was caused by the user failing to correctly follow installation instructions or to have in place the minimum system requirements advised by PD:Education. It is your responsibility to use virus checking software.
- PD:Education only supply the courses for domestic and private use. If the user uses the course for any commercial, business or re-sale purpose PD:Education will have no liability to the user for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. PD:EDUCATION AND THIRD PARTIES
- PD:Education contains Content of third-party licensors to PD:Education, which is protected by copyright, trademark, patent, trade secret and other laws. PD:Education owns and retains all rights, title and interest in the Content. PD:Education hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through PD:Education or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing PD:Education and using the Service.
- Any dealings with third parties included within or on PD Education involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. PD Education is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on PD Education does not constitute an endorsement or recommendation of such third party or the product or services of such third party by PD Education or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on PD Education is provided to you for informational purposes only. PD Education encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While PD Education works to ensure the information on PD Education is current and accurate.
19. NON-COMMERCIAL USE
- The services and the website may not be used in connection with any commercial purposes, except as specifically approved by PD:Education. Unauthorized framing of or linking to any of PD:Education is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
20. SECURITY COMPONENTS
- You understand that PD:Education and software embodied within PD:Education may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PD:Education and/or content providers who provide content to PD:Education platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into PD:Education.
21. ELECTRONIC COMMUNICATIONS
- No responsibility will be accepted by PD:Education for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
- You agree to defend and indemnify PD:Education from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the PD:Education services.
23. CHANGES AND TERMINATION
- We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
24. DATA PROTECTION
- PD:Education may use your personal data in the following ways:
- To supply our services and or courses to the user;
- To process your payment(s) for a service(s);
- To inform users about similar services that PD:Education provide, but the user may stop receiving these at any time by contacting us.
- PD:Approval may share your personal information:
- If user participation on our course(s) is sponsored, we will share your data, course attendance and test results with the user’s sponsor.
- With a third party in connection with a change in corporate structure such as, but not limited to, merger, consolidation, sale, liquidation, or transfer of substantial assets.
- We may disclose personal information, as permitted or required by law, and to: (i) respond to inquiries or requests from governmental or public authorities; (ii) protect our rights, privacy, safety or property; (iii) permit us to pursue available remedies or limit damages that we may sustain; and (iv) enforce our agreements, including without limitation our enrolment terms and conditions.
- This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PD:Education without restriction.
26. INTEGRATION CLAUSE
- You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the PD:Education web site shall be settled by binding arbitration between you and PD:Education, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyright, trademark, trade secret, patent or other intellectual property rights.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
29. WEBSITE USE
- Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
- PD:Education is an approved centre of an Ofqual regulated awarding organisation and will register users with them once the payment terms have been satisfied. Ofqual regulated qualifications are recognised across Europe, Asia, Middle East, Africa (including South Africa), Australasia, South America, Canada and parts of North America. For more details, please visit Ofqual’s website.
- PD:Education reserves the right to amend its terms and conditions from time to time, so users are encouraged to review them regularly.
- PD:Education operates zero tolerance policy of abuse of its staff. Any abuse of staff either physical or verbal will result in the immediate termination of the user's learning, and any refund will also be forfeited.
- Severance: If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision of the Agreement is deemed deleted under this clause 30(d); the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
- Any notice given to a party under or in connection with the Agreement shall be in writing and shall be sent by email to the address specified in 1. About Us
- Any notice shall be deemed to have been received if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
- This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
- Third party rights.
- Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
- The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
- Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
- If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
- Any rights not expressly granted herein are reserved.
31. LIABILITY WAIVER
- Users are responsible and accountable for their decisions, actions and results in life, and by registering for PD:Education services users agree not to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
- Users agree that PD:Education is not responsible for the success or failure of any user’s business or personal decisions relating to any information presented by PD:Education or any other affiliated third parties’ products or services, and users specifically release the PD:Education’s CEO, Thomas Bell, and PD:Education’s representatives or contractors from liability for any special or consequential damages that result from the use of, or the inability to use, the information or strategies communicated through our Services, product materials, websites, or any other services provided prior to or following these activities, even if advised of the possibility of such damages or caused by negligence of PD:Education or its representatives.
- The user hereby accepts all risk to his or her business and health excluding personal injury or death that may result from the PD:Education’s negligence whilst the user is participating in any of the Services.
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
33. FORCE MAJEURE
- If PD:Education is prevented or impeded from performing any of its obligations as a result of an event over which PD:Education has no control (‘Force Majeure’) it shall promptly give notice to the user stating the circumstances consisting of such event of Force Majeure and the extent and likely duration whereupon such obligations shall be suspended for as long as the event of Force Majeure continues.
- If PD:Education is affected by an event of Force Majeure it shall make every reasonable effort to minimise the effects thereof and shall promptly resume performance as soon as reasonably possible after removal of the event of Force Majeure.
- Where the period of non-performance in relation to any event of Force Majeure exceeds 30 days from the date of notice of such event of Force Majeure then PD:Education may by written notice terminate this Agreement forthwith.
- Where the services have been terminated due to Force Majeure, no refund will be payable.
34. LIMITATION OF LIABILITY
- Notwithstanding any other provision in this Agreement, nothing will limit your statutory rights or will exclude or limit PD:Education's liability for:
- Death or personal injury resulting from negligence
- Fraud or fraudulent misrepresentation
- Any matter for which it would be unlawful for PD:Education to exclude or attempt to exclude its liability
- PD:Education will not be liable, in contract or tort in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- Any loss of goodwill or reputation; or
- Any special or indirect losses; or
- Wasted management or office time
- Any other loss or damage of any kind suffered as a result of or incurred arising out of or in connection with the provision of the Services in terms of this Agreement even if such losses are foreseeable or result from a breach by PD:Education or as a result of any action we have taken in response to any breach by the User.
- The user hereby releases and holds PD:Education, its agents, representatives and employees harmless from all liability, which they may at any time have to the user (except for gross negligence) resulting from:
- The training and/or any portion of the training in which the User voluntarily participates
- Any negligent acts or omissions
35. WHOLE AGREEMENT
- This Agreement sets out the entire understanding between you and PD:Education in relation to the matters concerning user-ship of PD:Education and no other agreements or understandings, not contained herein, shall be relied upon by you.
- Should PD:Education at any time fail to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the rights or remedies to which PD:Education is entitled under this Agreement, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. No waiver by PD:Education shall be effective unless it is expressly stated to be a waiver and is in writing.
37. GOVERNING LAW AND JURISDICTION
- This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
- The service fees shall be as stated at the time you place an order for the Services (or as otherwise agreed)
- Unless otherwise specified at the time you purchase the Services, the fees are exclusive of VAT and any other relevant third-party costs (where applicable). If applicable, any such costs will be made clear to you prior to you finalising the purchase of the Services.
- PD:Education can cancel or decline any user’s order at any time.
- In the event of a user being unable to make any agreed payment dates or have a declined payment method they must inform PD:Education immediately, and PD:Education will look to find a mutual agreement. However, if not possible this may result in your details been sent to a debt collection agency. Additional surcharges will apply to cover administration or legal fees.
- If payment is not made within the time limits set out by PD:Education, this will be a breach of Agreement by the user entitling PD:Education to limit access to the services or to treat the Agreement as at an end.
- If payment for training days or events is not made within the time limits set out by PD:Education, this will be a breach of Agreement by the user entitling PD:Education to reallocate the bookings and/or tickets without notice to the user.
- Users shall be responsible for all costs they incur in connection with their attendance at any of our qualifications, courses or events, including all travel, visa, subsistence, and any overnight accommodation, learner materials, stationery.
- Overseas users are required to make their own arrangements for visa, travel and accommodation if required.
39. ENROLLING WITH PD:EDUCATION
- Enrolment on a qualification, course or event run by PD:Education requires payment in full or a prior agreement of payment terms with PD:Education, and an enrolment form to be completed where the users agree to our terms and conditions and provide a form of Photo ID. This then constitutes a legally binding contract.
- All users accessing any PD:Education services must be over 19 years of age.
- A legally binding Agreement will come into effect between PD:Education and the user providing that we have received:
- A fully and correctly completed enrolment form
- Full payment or the first payment on an agreed payment plan with PD:Approval (invoiced over 3 consecutive months on receipt of application with a £45 administration fee added on the first month)
- Photo ID (driving licence, passport or ID card showing your name and picture)
- Users who have declared that they have any required prerequisite for the service they are enrolled on but who are found to not have the necessary prerequisite once the service has started will be removed from the service and any refund will be forfeited unless inside the 14 day cooling off period.
- All users undertaking a qualification with PD:Education will be registered with PD:Education’s awarding organisation once payment has been received and the details in the enrolment form have been verified.
- All users undertaking a qualification with PD:Education are responsible for arranging access to a suitable educational facility for shadowing with a qualified professional as part of the evidence for their training and assessment.
- PD:Education does not allow users to transfer the service they have enrolled on to another individual at any point.
- All information provided to PD:Education must be true, accurate, current and complete.
- Falsification of any evidence or identity by a user will result in the termination of the Service with no full or partial refund, regardless of any cooling off period.
- Users understand that the service they have purchased may have a timeframe for completion.
- PD:Education reserves the right where applicable to extend the training period on the advice of the guidance assessor, after which date the service will expire.
- PD:Education is not responsible for delay or error caused by our awarding organisation.
40. RECOGNITION OF PRIOR LEARNING (RPL)
- If a user considers that they have any prerequisite qualifications or experience to enable them to omit any modules or courses in the qualification they have selected, PD:Education will consider them for the RPL process.
- Users who wish to undertake the RPL service must be available to hold an approximate 30 minute online face-to-face consultation at a mutually convenient time prior to enrolment, to determine if the RPL route is appropriate and, if so, identify the areas within the qualification you may not need to cover again before taking the assessment.
- The RPL online consultation will be recorded for training and quality assurance purposes.
- Users undertaking the RPL consultation will display their photo ID for quality assurance and security purposes.
- During the consultation users will to the best of their ability and knowledge provide honest and clear information about their relevant skills, work experience and qualifications.
- Users must provide the supporting evidence as part of the enrolment process which may include but is not limited to references from employers, certificates of current relevant qualifications and/or training which identify the units that have been covered.
- Users seeking to undertake RPL based on prior experience will be asked to provide references from employers as part of their enrolment evidence, which will be verified by PD:Education.
- Users agree to seek permission from any referee for PD:Education to contact them to verify their reference for that user.
- If PD:Education deems any of the user’s qualifications or experience to be invalid or that they do not fully comply with the requirements of RPL once the user completes the enrolment process and provides their evidence, the user may either: -
- purchase the complete course or individual modules required to achieve such qualifications from PD:Education if available, which will be charged at the published rates at the time that the user enrolled
- or, the user may terminate the Service and a partial refund will be given providing the cancellation takes place within the 14 day cooling off period (see clause 40(j)).
- If PD:Education cancels a user’s enrolment based on a failure to provide the evidence detailed in 39(c) at enrolment, a partial refund of 70% of the full enrolment fee will be given providing the cancellation takes place within the 14 day cooling off period. Outside of the cooling off period, no refund will be available.
- The result of the consultation for RPL constitutes the professional opinion only of PD:Education based on the information provided by the user. It is the responsibility of the user to study all modules where they feel they do not have suitable knowledge in order to pass the assessment.
- PD:Education is not responsible for the failure of an assessment where the user has not identified to PD:Education that they are not experienced in or knowledgeable of the subject matter the assessment covers.
- Where PD:Education has accepted the evidence provided by the user choosing RPL, this will be presented to the awarding organisation when claiming for the user’s certificate.
- PD:Education shall not be liable in the event that the awarding organisation rejects the user’s evidence and or information and withholds the certificate, in which case the user will not receive a refund from PD:Education.
- PD:Education reserves the right to reject any evidence from the user that they deem unsuitable for supporting their application for RPL.
- By enrolling on an RPL programme, the user agrees that PD:Education will review and accept the user’s evidence in good faith. Should the awarding organisation reject the user’s supplied evidence at the certification stage and refuse to award a certificate, PD:Education shall provide a PD: Education certificate to record the modules studied.
- PD:Education shall not liable for any costs incurred should the awarding organisation not provide a final certificate. The user shall bear the risk of loss for insufficient evidence provided by the user which results in rejection by the awarding organisation.
41. SPECIAL REQUIREMENTS
- Where possible PD:Education will support the user with reasonable adjustments that the user details on the enrolment form.
- Should PD:Education not be able to provide sufficient support where reasonable adjustments are indicated on an enrolment form, PD:Education will inform the user immediately and provide the option to cancel the service for a full refund if requested within the 14 day cooling off period and if payment has been received.
- If no reasonable adjustments/ additional learning needs are specified on the user’s enrolment form but the user then later identifies them after the service commences, PD:Education is not obliged to provide additional support.
- PD:Education is not able to provide translators or materials in different languages. All PD:Education services are delivered in English using materials published in English.
- Should a user whose first language is not English use a translator to support them to undertake any services with PD:Education, then the user agrees that they bear full responsibility for the translation to be accurate.
- Users who wish to use the services of a translator must gain approval from PD:Education before commencing the service, by providing details in writing to email@example.com.
- PD:Education will assist with dietary, allergy and/or access requirements where possible, where they are detailed on the enrolment form.
- PD:Education is not obliged to assist with any dietary, allergy and/or access which are not included on the enrolment form.
42. DURING YOUR TRAINING
- After registration of the user with the Awarding Organisation, the user will be allocated a guidance assessor to support them through their studies. Guidance assessors are not directly employed by PD:Education, and are contracted to provide this support on behalf of PD:Education.
- PD:Education guidance assessors are bound by a code of confidentiality agreement and conflict of interest agreement
- If the user feels there is a breach of confidentiality or a conflict interest, the user must raise this with PD:Education immediately at firstname.lastname@example.org so that an investigation can take place.
- If the user withholds a conflict of interest from PD:Education this may lead to the termination of the services and a forfeit of any refund.
- Users will agree to a tutor:learner agreement as part of the enrolment process and must adhere to the terms.
- Users assigned to a third-party guidance assessor have a responsibility to respond to communications from the guidance assessor.
- The guidance assessor reserves the right to refuse not to assess or support users who fail to communicate effectively.
- For those users eligible for personal group or private mentoring please note that if you do not attend an agreed session with your guidance assessor, teacher or mentor ‘without reasonable explanation’ that session will be forfeited by you and will not be replaced.
- PD:Education does not take any responsibility for the failure to gain a qualification for users who have not had adequate support due to them not responding to the communications from their guidance assessor.
- PD:Education reserves the right at any time to assign the user to a new trainer/guidance assessor and for any reason.
43. FACE TO FACE TRAINING DAYS
- Face to face training days are available to users who have chosen the Blended option for their qualification, or, upon payment of an additional fee, to users who have chosen Online or RPL.
- Booking on to a face to face training day will require you to make and pay for your own travel arrangements including accommodation and sustenance if required.
- Training days must be booked on the PD:Education website.
- The decision that the user is ready to attend a face to face training day on a particular date is the responsibility of the user.
- Should a user not be able to attend the booked face to face training day, PD:Education will move the booking to the next available date at no extra cost. Cancellation fees may apply – see below.
- If a user wishes to change their chosen mode of learning ie from online learning to blended, they must apply in writing to email@example.com. PD:Education will invoice for any difference in price if the new product costs more, which must be paid before learning can continue. Users will not receive a refund if the change is to a lower priced product ie from blended to online.
- Users must comply with all applicable laws in their own country including health and safety laws when attending PD:Education’s premises and or venues, accessing learning materials online or downloading any software.
- Training days must have a minimum of five learners to go ahead.
- The cancellation policy at clause 50 shall be applicable.
44. PROVISION OF SERVICES
- PD:Education reserves the right to withdraw any part of our services including any courses, assessments or modules or aspect thereof. We will write to inform users as soon as reasonably possible where any of the aspect of the services they have purchased is no longer available. If the services are already paid for, we will refund users the full amount paid to us (or a proportionate part thereof, as applicable).
- A Full Refund will be granted up to 14 days after purchasing (cooling off period) providing that the user has not accessed or downloaded any materials, or attended a face to face training day. If so then no refund is possible.
45. QUALITY ASSURANCE
- PD:Education reserves the right to carry out internal quality assurance (IQA) on users’ work and assessments to ensure standardisation across all our services.
- Users agree to provide additional evidence if required as part of the quality assurance process.
- Users may incur a delay in continuing their studies or receiving the result of their assessment until the necessary quality assurance checks have been completed.
- PD:Education uses Zoom and GotoMeeting platforms to provide support, and users will be required to download the appropriate free software at their own risk in order to use them.
- PD:Education uses Adobe Reader, for instance in their learning resources, so users are required to download this software at their own risk to order to use those resources.
- PD:Education will look at other options if a user informs us on the enrolment form that they are unable to use these platforms however if in the case it is not possible the user recognises that they may not be able to continue using our services. A full refund will be offered providing this is within the 14 day cool off period, however no refund will be given after this date.
- The awarding organisation will provide PD:Education with a username and password for each user after registration to access the awarding organisation’s e-learning site, which may take up to 14 days to issue.
- It is the user’s responsibility to download the necessary software for the e-learning site as well as keeping the username and password securely.
- If the assessment requires the user to submit video evidence it must be provided electronically in line with the guidance provided by PD:Education.
- It is the user’s responsibility to gain permission from all persons concerned to create their video evidence.
- It is the user’s responsibility to gain permission from those being videoed to share the video with PD:Education, and to ensure that they follow the legal requirements within their own country.
- If an assessment is Referred, users may amend and submit the same assessment for marking a maximum of two times with no additional charge. A third assessment is allowed for a payment of £30+VAT.
- Users who fail their third assessment must agree an action plan with the guidance assessor which will include one or more of the following:
- PD:Education provides one-to-one session/s – fees apply
- User attends the face-to-face training day – fees apply
- User continues to pay for additional assessments (£30+VAT each)
- PD:Education will make a decision to terminate the qualification if the guidance assessor feels that continuing support is not applicable. The guidance assessor’s decision in this instance is final.
- PD:Education will provide a certificate of achievement to users and apply for the awarding organisation certificate when the user’s assessments and any quality assurance (if required) have been successfully completed.
- The awarding organisation aims to provide certificates of achievement to PD:Education within 3 months of completion. PD:Education is not liable for any consequences to the user should the certificate be delayed.
- The awarding organisation may request additional external quality assurance checks, which users must comply with and which may cause a delay in receiving the awarding organisation certificate.
- Certificates will be printed with the name provided on the enrolment form, unless otherwise notified in writing by the user prior to assessment.
- Any changes to the personal details provided on the enrolment form after it has been submitted to PD:Education will incur a charge of £20+VAT to cover the additional administration.
- PD:Education is not responsible for providing the awarding organisation certificate; any amendment or re-print of the ‘s certificate may incur additional fees payable to The awarding organisation.
- Failure to fulfil all assessment criteria successfully will result in PD:Education being unable to provide the relevant certificates.
- We reserve the right in our absolute discretion to vary or withdraw any of the Services without notice, whether to make improvements to the same or otherwise.
- Users must satisfy themselves that the Services they are purchasing will meet their needs. We do not make any guarantee to users that they will obtain a particular result, or employment opportunity from their purchase and completion of any of the Services.
- As stipulated by law, we make no guarantees that users will do well, achieve any results or make any money from our information, and we offer no professional, legal, therapeutic, or financial advice. Our training cannot replace or substitute for the services of certified professionals in any field, including, but not limited to, financial, health, or legal matters. We do not purport anything we do or teach as a “get rich scheme,” and any financial numbers outlined in our training are examples, opinions and illustrations, and thus should not be considered average earnings, exact earnings, or promises for users’ actual or future performance. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of the user’s or anyone’s future success or results. Users must check with their accountant, lawyer or professional advisor, before acting on this or any information.
50. CANCELLATION AND REFUNDS
- All refunds shall be made at the discretion of PD:Education
- Refunds will be issued when reasonably possible.
- Any refunds or payments will be made to the same card or bank account use used to book and pay for the services.
- Student manuals that are returned within 7 days of receipt will be refunded in full providing that you inform us within 7 days of receipt of your intention to return the manual and that the manual is received in as new condition. The cost of postage to return the manual is your responsibility and will not be refunded by PD:Education unless you have received the wrong manual. The refund will take place once the manual is received by PD:Education. We reserve the right to cancel any refund if the manual is not received in as new condition.
- All training enrolments allow for a 14 day cooling off period from the date of receipt of the booking. PD:Education will provide a full refund for cancellations within this timeframe.
- No refund will be given for cancellation of a training enrolment after the 14 day cooling off period.
- Cancellation of a paid activity (excluding training enrolments) by the user:
- More than 14 days before the activity takes place: full refund less a £10 administration fee.
- 7-14 days before the activity takes place: 50% refund less a £10 administration fee and any non-refundable expenses incurred on behalf of PD:Education.
- Within 7 days of the activity taking place: no refund; any non-refundable expenses incurred on behalf of PD:Education will be invoiced to the user.
- The following conditions apply to cancellation of booked PD:Education activities by PD:Education:
- More than 7 days before the PD:Education activity: PD:Education will offer one new alternative date for the activity if available but there will be no reimbursement of travel expenses incurred by the participant. If the new date is not acceptable, the full training day fee will be reimbursed.
- Within 7 days of the PD:Education activity: PD:Education will reimburse reasonable travel expenses incurred by the participant against receipts and offer a new date if available. If the new date is not acceptable, the full fee will be reimbursed.